Submission: On the NSW Law Reform Commission Consultation Paper 10 on Penalty Notices

Our submission:

• agrees with the argument for a stand-alone statute on penalty notices operating in parallel to legislation applicable to fines;
• submits that agencies should develop policies about issuing penalty notices to minors or vulnerable people;
• welcomes the recent enactment of provisions in the Fines Act to enable statutory cautions and the development of the Caution Guidelines under the Fines Act;
• submits that penalty notice enforcement is too serious a governmental function to be outsourced to private contractors;
• suggests that the Fines Act mandate a maximum of 10 penalty units arising from one incident, but that there be a provision in other legislation for the Fines Act mandate not to apply.